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Case studies of statutory interventions into the common law concept of charity

Emerson, John (2002) Case studies of statutory interventions into the common law concept of charity. [Working Paper]

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    Abstract

    This paper considers four examples of statutory interventions into the common law concept of charity, namely, those of Pennsylvania, Barbados, the definition recommended by the Report of the Inquiry into the Definition of Charities in Australia, and the Recreational Charities legislation of the United Kingdom. It comments on some issues affecting each style of intervention. The paper does not argue against statutory intervention but submits that legislative changes are best made by deeming a particular purpose to be charitable, or not charitable, so that, except to that extent, the common law concept remains intact – this is the approach adopted by the Recreational Charities legislation.

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    ID Code: 49988
    Item Type: Working Paper
    Keywords: Law, Charity, Australia
    ISBN: 1741070074
    ISSN: 1447-1213
    Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000)
    Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
    Divisions: Current > Research Centres > Centre for Philanthropy and Nonprofit Studies
    Copyright Owner: Copyright 2002 Queensland University of Technology
    Deposited On: 01 May 2012 11:57
    Last Modified: 01 May 2012 13:56

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